USEPA Bona Fide Prospective Purchaser Guidance

Late last year, the United States Environmental Protection Agency (“EPA”) issued Revised Enforcement Guidance Regarding the Treatment of Tenants under the Federal Comprehensive Environmental Response, Compensation, and Liability Act’s (“CERCLA”) Bona Fide Prospective Purchaser Provision.  CERCLA generally provides that the owner and operator of a facility from which there is a release or a threatened